RIGHT OF INFORMATION ACT

 

No.G.S.R.16/C.A.22/2005/S.27/2007. In exercise of the powers conferred by sub-section (1) of section 27 of the Right to Information Act, 2005(Central Act No.22 of 2005), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules to provide for the matters specified in subsection (2) of the said section, namely:-

RULES
1. Short title and commencement:-  (1) These rules may be called the Punjab Right to Information Rules, 2007. (2) They shall come into force on and with effect from the date of their publication in the Official Gazette

2. Definitions:-
     (1) In these rules, unless the context otherwise requires-
  1. "Act" means the Right to Information Act, 2005(Central Act No.22 of 2005);
  2. "Commission" means the Punjab Information Commission, constituted under section 15 of the Act;
  3. "Form" means a Form, appended to these rules; and
  4. "Section" means a section of the Act.

     (2) The words and expressions used in these rules, but not defined, shall have the same meanings as assigned to them in the Act.

3.  Application obtaining information:-   (Sections 2(m), 6 and 27)

  1. A person, who desires to obtain any information admissible under the Act, shall make an application in Form 'A' to the State Public Information Officer alongwith a fee, as specified in sub-rule (1) of rule 5 of these rules.
  2.  On the receipt of an application, made under sub-rule (1), the State Public Information Officer shall give a receipt in token thereof to the applicant in Form ‘B’.
  3. Each public authority shall maintain the information register in Form ‘C’ in respect of the records of requests received from the applicants for seeking information under the Act.
  4. The application, received without requisite fee, shall not be entertained and shall be liable to be rejected straightway without giving any notice to the applicant. 

4. Deposit of fee:-  (Section 6)

  1. The fee may be paid in the following modes, namely:-
    1. by Crossed Bank Draft/Banker’s Chequie/IPO or in cash in favour of concerned Drawing and Disbursing Officer from where the information is to be obtained; or
    2. in cash with the concerned Drawing and Disbursing Officer ; or
    3. through Treasury Challan in the following Heads of Account:-
      Major Head           .. 0070 -Other Administrative Services
      Subj-Major Head  .. 60 - Other Services
      Minor Head            .. 800 - Other Receipts
      Sub-Head              ..  86 - Fee under the Right to Information Act, 2005
      Detailed Head      ..  0070 Other Administrative Services 
                                       60 Other Services- 800- Other Receipts-
                                       86- Fees under the Right to Information Act, 2005.
  2. The amount of fee shall be credited to the account as referred to in clause ( c) of sub-rule (1) :

     Provided that the Board, Corporations and other Autonomous bodies of the State, may get the amount of requisite fee deposited in their own accounts maintained by them
  3.  On receipt of an application, submitted under sub- rule (1) of rule 3, the State Public Information Officer shall scrutinize the application and shall assess how much fee is required to be paid by the applicant for obtaining the information.
  4.  The fee, assessed under sub-rule (3), shall be informed to the applicant by the State Public Information Officer in Form 'D' within a period of ten days from the receipt of application.
  5. The intimation of rejection of an application of the applicant seeking information under the Act, shall be intimated by the State Public Information Officer concerned, in Form ‘E’.
  6. The amount of fee collected under this rule, shall be maintained in the Cash register as specified in Form ‘F’.

 

5. Quantum of fee:- (Section 6 and 7)

  1. An application for obtaining any information under sub-section (1) of section 6 shall be accompanied with a fee of rupees ten only.
  2. The following fee shall be charged for providing information under sub-section (1) of section 7, namely:-
    1. Rupees two for each page in A-4 or A-3 size paper, created or copied; and
    2. Actual charge or cost price of a copy in larger size paper;
    3. Actual cost or price for samples or models;
    4. for inspection of records, no fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter;
    5. for information provided in diskette or floppy rupees fifty per diskette or floppy; and
    6. for information provided in printed from at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication. .
  3. The applicant shall, while depositing fee under sub-rule(2) of rule 4, shall also submit a self addressed envelope duly stamped for supplying the information. Stamps on the envelope shall be affixed according the mode of supplying the information, as desired by the applicant i.e. through ordinary registered or speed post.

6. Procedure to be followed in deciding appeal:-   (Section 19 (10))

Before deciding an appeal, the Commission shall,-

 

  1. serve notice to the concerned persons;
  2. entertain any evidence in support of appeal, which may be oral or in writing from the concerned persons;
  3. examine on oath or by having affidavits from the persons concerned;
  4. peruse or inspect the documents or any records or copies thereof ;
  5. inquire through the authorized officer the facts of an appeal or may require facts in detail, if it so deems appropriate, hear the State Public Information Officer or any other senior officer, who had decided the first appeal, as the case may be; and
  6. receive evidence on affidavits from the officer senior in rank to State Information Officer who had decided the first appeal or from any other officer or person authorized in this behalf from whom the evidence may be deemed necessary
7. Mode of serving notice:-   (Section 19 (10))
The Commission may serve notice to the persons concerned in any of the following modes, namely:-
  1. by hand delivery(dasti) through process server; or
  2. by registered post with acknowledgment due; or
  3. by publication in the news paper;.
8. Order by the Commission:-Section 19 (10))
  1. The Commission shall make order in writing and pronounce the same in the presence of the concerned parties
  2. After the decision is pronounced by the Commission, it shall intimate the same to the complainant and the State Information Officer of the Department or the public authority concerned

9. Repeal and Saveing. – The Punjab Right to Information Rules 2006 are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules

 

_______________________________________________________________________________________
  FORM 'A'
[See rule 3(1)]
 To
                  The State Public Information Officer
                  Department___________________
  1. Full name of the applicant
  2. Father's/Spouse's name
  3. Permanent Address
  4. Correspondence Address
  5. Particulars of information required
    1. Subject matter of information*:
    2. The period to which the information relates**
    3. Specify details of information required
    4. Whether information is required by post Or in person
      ("The actual postal charges shall be Included in providing information)
    5. In case by post (Ordinary, Registered or Speed post.)
  6. Is this information not made available by the Public Authority under voluntary disclosure
  7. Do you agree to pay the required fee ?
  8. Have you deposited application fee?
    (If yes, details of such deposit)
  9.  Whether belongs to Below Poverty Line category?
     If Yes, have you furnished the proof of the same with applicant ? 

Place:
Date :

Full Signature of the applicant and Address


_______________________________________________________________________________________


Name of Department of Public Authority   FORM 'B' [See rule 3( 2) ]   Acknowledgement       Office of the State Public Information Officer.

Received the application from

Mr /Ms __________________________
Address_________________________________________________________
Seeking information on Subject to be specified) _________________________
Vide Diary No _________________________Dated ______________________

Place :
Date :

Full Name of State Public Information Officer/
State Assistant Public Information Officer.

Designation and Seal

_______________________________________________________________________________________

 Name of Department of Public Authority

FORM ‘D’
[See rule 4(4)]
INFORMATION OF FEE ASSESSED FOR MAKING PAYMENT  From
             ______ (Name and Designation of the State Public Information Officer)
To 
             ______ (name and address of the Applicant)

Subject : Supply of information under the Right to Information Act, 2005

Sir,
  1.  Please refer to your application dated ______________ addressed to the undersigned requesting information on (Subject to be specified)____________________________________________ ______________________________________________________________________________
  2.  I am to inform you that the following amount towards cost for providing information may be deposited by way of Crossed Demand Draft/Banker’s Cheque/IPO/Treasure Challan or in Cash to enable the undersigned to furnish the information sought by you 
  3. (a)  the Demand Draft/Banker’s Cheque/IPO should be drawn in favour of (Particulars of the Drawing and Disbursing Officer to be specified) or the amount may be deposited in cash with said Drawing and Disbursing officer of this Office
    (b) the amount of fee may also be deposited through Treasure Challan in the following Head of Accounts:-
    Major Head           .. 0070 -Other Administrative Services
    Subj-Major Head  .. 60 - Other Services
    Minor Head            .. 800 - Other Receipts
    Sub-Head              ..  86 - Fee under the Right to Information Act, 2005
  4. A self-addressed envelope duly stamped may also be submitted for supplying the requisite information. Stamps on the envelope may be affixed according to the desired mode of supplying the information i.e. through ordinary, registered or speed post

Fee Calculation...................................
Total Amount to be deposited........................

Dated:
Place:

State Public Information Officer.

_______________________________________________________________________________________

Name of Department of Public Authority

FORM ‘E’
[See rule 4(5)]


INFORMATION OF FEE ASSESSED FOR MAKING PAYMENT

From
             _______(Name and Designation of the State Public Information Officer)
To
             ______ (Name and address of the Applicant)

Subject :    Supply of information under the Right to Information Act, 2005

Sir,
  1. Please refer to your application dated _____________ addressed to the undersigned requesting for the supply of information regarding _________________
  2. The undersigned regrets to express his inability to furnish the information asked for on account of the following reasons, namely:
    1. It comes under the exempted category covered under sections 8 and 9 of the Act
    2.  Your application was not complete in respect of __________________
    3. Your identity is not satisfactory
    4. The information is contained in published material available to Public.
    5. You did not pay the required fee with your application for providing the information.
    6. The information sought for is prohibited as per the provisions of section 24(4) of the Act
    7. The information sought for is available on our website (Name of the Website to be specified). You may download the information.
    8. Any other reason
  3. However, if you feel aggrieved by this refusal, you may file an appeal before the (Specify the particulars of the Appellate Authority) within a period of thirty days of the receipt of this letter

Dated:
Place:

Name and Designation of
State Public Information Officer

____________________________________________________________________________________

Name of Department of Public Authority

FORM ‘F’
[See rule 4(6)]

CASH REGISTER

Serial No Name and Address of the Applicants Date of Application Date of deposit of amount Particulars of Fee Cash/Demand Draft/IPO/Treasury Challan with date and amount Refund if any Remarks
1 2 3 4 5 6 7

There is no fee for persons listed below poverty lines, which facts shall have to be authenticated by producing the ‘BPL Card’

B.R. BAJAJ,
Principal Secretary to Government of Punjab
Department of Information Technology.



_______________________________________________________________________________________ 

Name of Department of Public Authority

FORM ‘F’
[See rule 3(3)]

FORMAT FOR THE INFORMATION REGISTER

  1. Sr. NO
  2. Date of Application
  3. Name of the person requiring the information
  4. Address of the person
  5. Nature of information
  6. Whether all formalities have been compiled by the person requiring the information
  7. Name of The authority from which the information is to be collected
  8. Date on which the information shall be supplied
  9. Date on which the authority/authoriteis concerned requested to supply the required information
  10. No and date of reminder issued
  11. Date on which the information is received by the PIO from the authority/authroties concerned
  12. Date of supply of information to the person concerned requiring the information
  13. Reasons in brief for not supplying information
  14. Remarks


                  Chapter-1

                       Introduction 

The Department of Animal Husbandry Punjab plays an important role in the economy of the state.  The net contribution in the  state Domestic Product is 17%.  The state is providing highest priority for the removal of poverty and creation of self  employment opportunities to the Rural masses.   

Chapter-2 (Manual 1) 

Particulars of Organization, Functions and Duties. 

The name of the organization is Department of Animal Husbandry Punjab Chandigarh, 17-Bays Building, Sector-17, Chandigarh.  

Organizational set up of the department is given at Annexure ‘A’. 

Its function and duties are : 

·                    To provide efficient and effective health cover to the livestock wealth of the state.

·                    To improve the genetic potential of the livestock through scientific breeding.

·                    To provide improved feeding and management practices.

·                    To provide effective extension services in the field of Animal Husbandry.

 Chapter-3 (Manual 2) 

Powers and Duties of its Officers and Employees. 

          The officers and employees of the Department perform duties and exercise powers as laid down in the Standing Orders issued by the Department and Punjab Civil Services Rules.  Detail of duties  of officers and employees is placed at Annexure ‘B’.

Chapter-4 (Manual 3) 

Rules, Regulations,  Instructions,  Manuals and Records held by it or under its control or used by its employees for discharging its functions.

List of Rules, Regulations,  Instructions,  Manuals and Records held by the department or under its control or used by its employees for discharging its functions is as under :- 

Sr.

No.

Name/Title of the document

Type/Description of document

From where one can got a copy of rule regulations instructions, manual and records.

1

Punjab Livestock Development Board Rules, 2001

Rules made by the Govt. of Punjab

Punjab Livestock Development Board Office of Department of Animal Husbandry Punjab Chandigarh, 17-Bays Building, Sector-17, Chandigarh 

2.

Punjab State Veterinary Council Rules, 1997

Legal Rules framed by Govt. of Punjab

From the market or from the Punjab Gazettee.

 

Punjab Livestock Development Board Rules, 2001:---

 

Punjab State Veterinary Council Rules, 1997:-----

GOVERNMENT OF PUNJAB

DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES

 Notification 

The 24th February, 1997 

No. G.S.R. 8/C.A./52/84/S.65/97 – In exercise of the powers conferred by section 65 of the Indian Veterinary Council Act, 1984, (Central Act No. 52 of 1984) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rule namely:- 

RULES 

PART – PRELIMINARY 

  1. Short title and commencement. – (1) These rules may be called the Punjab State Veterinary Council Rules, 1997.

(2) They shall come into force on the date of heir publication in the official gazette.

Section 65

(2)      Definitions -  In these rules, unless the context otherwise requires, -

(a)    “Act” means the Indian Veterinary Council Act, 1984;

(b)   “Appendix” means an Appendix appended to these rules;

(c)    “Director” means the Director of Animal Husbandry, Punjab;

(d)   “Elector” means a person whose name is entered in the “Electoral Roll published under rules 4 and 5;

(e)    “Form’ means a Form appended to these rules:

(f)     “Government” means the Government of the State of Punjab in the Department of Animal Husbandry and Fisheries;

(g)    “Punjab Council” means the Punjab State Veterinary Council established under section 32 and includes a Joint State Veterinary Council established in accordance with an agreement under section 33;

(h)    “Registrar” means the Registrar of the Punjab State Veterinary Council appointed under section 42;

(i)      “Returning Officer” means an officer appointed as such by the Government;

(j)     “Section” means a section of the Act;

(k)   “Service” means a Service constituted under rule 29.

Section 65

 PART II 

ELECTION OF THE MEMBERS OF THE PUNJAB STATE VETERINARY COUNCIL  

Section 32(1)(a)

2.                  Notification for election – (1) For the purpose of electing the members of the State Veterinary Council under clause (a) of sub section (1) of Section 32, of the State Government shall, by a notification published in the Official Gazette, call upon the persons enrolled in the State Veterinary Register maintained under Chapter VII of the Act to elect the said members in accordance with provisions of these rules.

Section 37 and Section 65(2)(b)

4. Preparation of Electoral Rolls – (1) As soon as may be after the notification under rule 3 is issued, the Registrar hall prepare draft of the Electoral Rolls which shall contain the name of every person whose name is entered in the register. 

(2) The name of the electors shall be arranged Polling Station-wise indicating the names of the districts attached to a particular Polling Station. 

Section 37 and Section 65(2)(b)

5. Publication of draft Electoral Rolls-  The Registrar shall publish the draft of rolls prepared under rule 4 and shall make the copies thereof available for inspection by displaying them in the offices of the Punjab Council; Director, Animal Husbandry, Punjab; Deputy Directors, Animal Husbandry Department at all district Headquarters and in all the veterinary institutions imparting degree in Veterinary Science in the State of Punjab. 

Section 37 and Section 65(2) (b)

6. Period of lodging claim and objections- Every claim for inclusion of a name in the rolls and every objection to an entry therein shall be lodged in Forms I and II respectively within a period of fifteen days from the date of publication of the draft of rolls under rule 5. 

Section 37 and Section 65(2) (b)

7. (1) Form of claim and objection and the manner of their disposal Every claim in form I shall be signed by the person who required his name to be included in the rolls. 

(2) Every objection in Form II to the inclusion of a name in the rolls shall be preferred by a person whose name is already included in the rolls shall be countersigned by another person whose name is also included in the rolls. 

(3)  Every such claim or objections, as the case may be shall be examined by the Registrar who shall record his remarks thereon following which he may either allow or reject the claim or objection: 

Provided that a claim or objection shall not be rejected unless the person making it is given an opportunity of making are presentation against such rejection. 

(4)  The decision of the Registrar allowing or rejecting a claim or objection under this rules shall be final. 

Section 37 and Section 65(2) (b)

8. Publication of Final Electoral Rolls – (1) After the claims and objections, if any, are disposed of under rules 7, the Registrar shall prepare a list of amendments to be carried out and also amendments to carry out any clerical or printing error and other inaccuracies in the rolls subsequently discovered or brought to his notice. 

(2)               The Registrar shall publish the rolls together with the list of amendments referred to in sub rule (1) by making a complete copy thereof available for inspection by displaying at the office of the Punjab Council and on other places as specified in rule 5. 

(3)               On such publication, the rolls together with the list of amendments shall be the electoral rolls of persons who may elect the members of the Punjab Council under clause (a) of sub section (1) of section 32. 

(4)               A copy of the roll together with the list of amendments published under sub rule (2) shall be sent by the Registrar to the State Government. 

Section 37 and Section 65(2) (b)

9. Returning Officer and Assistant Returning Officers- (1) The State Government shall, after the receipt of a copy of the Electoral Rolls published under sub-rule (2) of rule 8, designate or nominate an officer of the State Government to be a Returning Officer. 

(2)  The State Government may also appoint a requisite number of officers of the State Government to be the Assistant returning Officers and election assistants to assist the Returning Officer in the performance of his functions. 

(3)  Every Assistant Returning Officer, shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer as per written instructions of the Returning Officer: 

Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer which relates to the issue of voting papers, counting of voting papers and declaration of results of elect 

Section 37 and Section 65(2) (b)

10. Appointment of dates for nomination- (1) The returning Officer shall by notification in the Official Gazette or in such other manner as is deemed fit appoint, - 

(a)                the date for making nominations in Form III which shall be seventh day after the date of publication of the said notification or if that day is a public holiday, the next succeeding day which is not a public holiday; 

(b)               the date and time of scrutiny of nomination papers which shall be the next day after the close of filing of nomination; 

(c)                the last date for withdrawal of candidature, which shall be the second day after the date for scrutiny of nomination or, if that day is a public holiday, the next succeeding day which is not a public holiday; 

(d)               the date on which a poll shall, if necessary, be taken which shall be a date not earlier than the thirtieth day after the last date for withdrawal of candidature; and 

(e)                the date the time and the place for counting of votes and for declaration of results which shall not be beyond the third day from the date of poll. 

(2) The notification issued under sub-rule (1) shall also invite nomination of candidates for election to the Punjab Council and specify the place at which the nomination papers are to be delivered. 

Section 37 and Section 65(2) (b)

11. Presentation of nomination paper and requirement for valid nominations-(1) One or before the date appointed under clause (a) of sub-rule (1) of rule 10, each candidate shall deliver in person to the Returning Officer and nomination paper in Form III. 

(2) Every nomination paper shall be subscribed by two electors, one as the proposer and the other as the seconder and it shall be assented by the candidates proposed and seconded by them: 

Provided no elector shall propose or second more than one nomination. 

(3) On receipt of each nomination paper, the Returning Officer shall endorse thereon the date and hour of its receipt. 

Section 37 and Section 65(2) (b)

12. Rejection of nomination papers – A nomination paper, if not received on or before the date appointed by the Returning Officer in that behalf, shall be rejected. 

Section 37 and Section 65(2) (b)

13. Scrutiny of nomination papers – (1) On the date and time appointed by the Returning Officer for scrutiny of nomination papers, the candidate and the proposer and the seconder of each candidate or other representative duly authorized by the candidate in this behalf may attend the office of the Returning Officer who shall allow them to examine the nomination papers of all the candidates which have been received by him as aforesaid. 

(2) The Returning Officer shall examine the nomination papers thus received and decide all questions which may arise as to the validity of any nomination and his decision thereon shall be final. 

Section 37 and Section 65(2) (b)

14. Withdrawal of candidature – (1) any candidate may withdraw his candidate by notice in writing signed by him and deliver to the Returning Officer before the date fixed under clause © of sub-rule (1) of rule 10. 

(2) A candidate who has withdrawn his candidature under sub-rule (1) shall not be allowed to cancel the withdrawal or to be re-nominated as candidate for the same election. 

Section 37 and Section 65(2) (b)

15. Publication of the list of contesting candidates- (1) Immediately after the expiry of the period of withdrawal of candidate, the Returning Officer shall prepare and publish a list of candidates who are found to be validly nominated and have not withdrawn their candidatures as contesting candidates. 

(2) The said list shall contain the name in alphabetical order and the addresses of the contesting candidates as given in the nomination papers. 

(3) The said list shall be given due publicity in such manner as the Returning Officer may deem fit. 

Section 37 and Section 65(2) (b)

16. Poll – (1) If the number of duly nominated candidates for election does not exceed the number of members to be elected, the Returning Officer shall forth-with declare such candidates to be duly elected. 

(2) If the number of such candidates exceeds the number of member to be elected, the Returning Officer shall, conduct the election. 

Section 37 and Section 65(2) (b)

17.  Polling at a Polling Station – (1) The Returning Officer shall identify five places in the State for the conduct of the elections.  He shall also specify the names of districts, which shall be attached to each Polling Station along with the list of electors who are to cast their votes aat such Polling Station.  The electors shall present themselves in person to cast their votes at the Polling Station.  The place, date and time of the polling would also be published well in time. 

The elector shall receive Form VI to be marked by him there and then on the day and place of polling to cast his vote on the production of identity card issued to him by his Controlling Officer or by the concerned Deputy Directors, Animal Husbandry, Incharge of the district (by whatever name called) where the office of elector is located or he resides. 

(2)The Assistant Returning Officer and Returning Officer shall permit candidates and their duly authorized agents to be personally present at the time of polling and counting of votes respectively, if they so desire. 

(3) Each elector shall have the right to vote for as many as candidates in order of preference as there are seats to be filled by the election and the vote shall be non-transferable. 

(4) Where the Ballot Papers are sent by post of the Returning Officer shall send letter for intimation for participation in the election in Form VI along with Forms V and VI to such elector(s) by post who have left the country before the process of elections was set in, after duly informing the Punjab Council well in advance, only if a request, in writing, is received from the electors at least thirty days before the actual date of polling and Forms V and VI shall be sent back by the elector(s) after necessary action in such a way so far to be received by the Returning Officer before the close of the Poll.  Such a facility shall also be available to official engaged in the conduct of the elections and the electors shall act in accordance with the instructions contained in Form IV. 

(5)  The voting papers shall be sent to electors referred to in sub-rule (4) under Registered Cover which shall be returned by them after necessary action to the Returning Officer alone under Registered Cover: 

Provided that no election shall be invalid by reason of non-receipt of voting papers by the elector(s). 

(6)  All the envelopes received from the electors after the specified date and hour shall be rejected.  The Returning Officer, therefore, shall indicate on the envelopes date and time of receipt of it by him. 

Section 37 and Section 65(2) (b)

18.  Scrutiny and counting of Votes – (1) The Assistant Returning Officers shall conduct the Poll at five different polling stations in the State to be identified by the Returning Officer under rule-117 on the day as is also specified by him. 

(2) All the Assistant Returning Officers Incharge of various Polling Stations shall after the close of the polling, carry the sealed ballot box(s) to a place earlier notified by the Returning Officer so that all the votes are collected at one and the same place for counting, and declaration of the result by the Returning Officer. 

(3) The Returning Officer after receipt of all the ballot boxes on a date and time earlier notified by him under rule 10 shall commence the counting in the presence of the Assistant Returning Officers and the candidates or his representatives if they so desire: 

    Provided that a vote paper shall be invalid if, - 

(i)                  it does not bear the Returning Officer’s or the Assistant Returning Officer’s initials or facsimile signature.  (The Returning Officer shall sign the Voting Paper or Ballot Papers to be sent by post and the Assistant Returning Officer concerned would sign the ballot papers for his polling station), or 

(ii)                a voter signs his name on the voting paper, or writes any word on it or makes a mark on it by which it becomes recognizable as his voting paper, or 

(iii)               no vote is recorded thereon, or 

(iv)              it is void for uncertainty of the vote recorded, or 

(v)                the number of votes recorded thereon exceeds the number to be elected, or 

(vi)              the regarding of the vote has been done at a place other than provided for the purpose:    

Provided further that if any candidate or his representative makes an objection to the acceptance of a voting paper on the ground that it does not comply with the specified requirements, or to the rejection of voting paper by the Returning Officer, it shall be decided at once by the Returning Officer whose decision thereon shall be final 

(4)  The scrutiny and counting of votes received by the Returning Officer by post would take place on the same day and place where the counting would commence for votes polled at polling stations.  The Returning Officer shall allow the candidates or his authorized agent to be present at the time of opening the outer envelope and counting of the votes: 

     Provided that the voting papers received by post shall be rejected by the Returning Officer, if the same are not in accordance with the instructions contained in Form IV of these rules. 

Section 37 and Section 65(2) (b)

19.  Declaration of results.- (1) When the counting of votes has been completed, the Returning Officer shall draw up a list of candidates in the order of highest votes polled by each and  shall declare the result of successful candidates in the order according to the number of seats to be filled up. 

(2)  If any candidate declared elected refuses to accept the election, then in the place of that candidate next candidate to whom the largest number of votes have been cast, shall be deemed to have been elected. 

(3) When there is equality of votes among two or more candidates, then the person or persons as the case may be, who shall be deemed to have been elected, shall be determined by lots to be drawn by the Returning Officer or any other officer authorized by hum in such manner as he may determine. 

(4)  The Returning Officer shall, as soon as, the result is declared, inform each successful candidate of his being elected on the Punjab Council.

Section 37 and Section 65(2) (b)

20.  Voting paper to be retained – Upon the completion of the counting and after the result has been declared, the Returning Officer shall seal the voting papers and all other documents relating to the election and shall retain the same for a period of six months and shall not destroy or cause to be destroyed these records, even after the expiry of the said six months without the previous concurrence of the State Government. 

Section 37 and Section 65(2) (b)

21. Intimation of results of election. – (1) The Returning Officer shall intimate the names of elected candidates to the State Government immediately for enabling it to fulfill its statutory obligation of publishing their names in the Official Gazette of Punjab under sub-section (2) of section 32. 

(2) Where any dispute arises regarding the election, the Returning Officer within fifteen days of declaration of the result of that election shall refer the same to the State Government for its decision under section 37. 

Sections 32 (2),  37 and  65(2) (b)

 PART III 

ELECTION OF THE PRESIDENT OF THE PUNJAB COUNCIL 

22. Procedure for election of the President of the Punjab Council. – (1) The election of the President of the Punjab Council by the members of the said Council from amongst themselves shall be held at the first meeting of the said Council after its constitution or re-constitution, as the case maybe.

(2)  The Registrar shall invite the members of the Punjab Council present at that meeting to make their nominations, for the office of the President of the Punjab Council.  Each nomination shall be supported by another member of the Punjab Council present at that meeting as the seconder: 

    Provided that no member of the Punjab Council shall nominate or second more than one member of the Punjab Council for the President-ship. 

(3)  If there be only one person so nominated, he shall be declared duly elected as the President of the Punjab Council. 

(4) If, however, there be more than one member of the Punjab Council duly nominated and seconded for the Presidentship, the Registrar shall proceed to take ballots in the following manner namely:- 

(a)    A slip of paper shall be given to every member of the Punjab Council present, who shall write on it the name of one of the contestants in whose favour the member of the Punjab Council wishes to cast his vote.  He shall then fold the slip and hand it over to the Registrar. 

(b)   On receipt of all the slips, the Registrar shall count the number of votes secured by each contestant  and shall declare that member of the Punjab Council who secures largest number of votes to be duly elected as the President of the Punjab Council.

(c)    If there is an equality in the votes secured by two or more contestants thus making it difficult to decide as to who gets the maximum votes, the Registrar may then decide the issue by taking lots in such manner as he deems fit, and the person so identified by draw of lots shall be declared as duly elected as the President of the Punjab Council.

Sections 36 and

65 (2) (a).

23. Register of members of the Punjab Council. – The Punjab Council shall maintain a register in Form VII giving the names and other details of the members elected or nominated to it from time to time.

Section 65 (2) (o)

 

PART IV 

PROCEDURE FOR TRANSACTION OF BUSINESS OF THE PUNJAB COUNCIL 

24. Time and place of business. – (1) The business meetings of the Punjab Council shall ordinarily be held once in every three months in January, April, July and October every year at such time and place as may be decided by its President: 

  Provided that the place chosen shall be within the State of Punjab. 

(2) The President of the Punjab Council may, in the course of a business meeting of said Council, decide the date for the next meeting out of the months mentioned in sub-rule (1). 

(3) A special meeting of the Punjab Council, if deemed necessary shall be called by the President of the Punjab Council at reasonable notice at any time. 

(4)  The first meeting of the Punjab Council held in any financial year shall be the annual meeting of the Punjab Council for that year. 

(5)               The minutes of every meeting other than a special meeting called under sub-rule (3) shall be dispatched by the Registrar by hand or by post to every member of the Punjab Council not later than fifteen days after the said meeting. 

(6)  The items of business on the preliminary agenda of an ordinary quarterly meeting of the Punjab Council shall be intimated to the members of the Punjab Council by the Registrar, in writing, well in advance of the date fixed for the meeting.  However, any other item can be discussed with the permission of the Chair. 

Sections (38) (6) and (65) (2) (c) (o)

25. The business session. – Every meeting of the Punjab Council shall be presided over by the President of the Punjab  Council when present or in his absence, by any other member chosen by the members of the Punjab Council present from amongst themselves to preside over that meeting. 

Sections 38(6) and 65(2)(c)(o)

26.              Quorum – (1) The quorum necessary for transaction of business at a meeting of the Punjab Council shall be seven: 

Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business. 

(2) All issues which come up before any meeting of the Punjab Council shall be decided by a majority of the members present and voting. 

(3) A copy of the minutes of each meeting of the Punjab Council, whether ordinary or special, shall be submitted to its President within five days of the meeting and after being attested by him shall be sent to each member of the Punjab Council as provided under sub-rule (5) of rule 24. 

Sections 38(6) and 65(2)(c)(o)

27.              Executive and other Committees. – (1) The Punjab Council may, under section 40 of the Act, appoint from amongst its members an executive Committee and other Committees, on the adoption of a motion to this effect, for such purposes as it may consider necessary and define the purposes and functions of such Committees in the motion itself. 

(2) The Punjab Council may also co-opt any person or persons specially qualified to advise on any matter to any Committee, other than the executive committee, by adopting a motion to this effect. 

(3) The quorum for meeting of the Executive Committee or other committees shall be specified at the time of appointment of the concerned committees and shall not be less than the simple majority. 

(4) The Registrar shall be convener of all such committees, sub-committees and would be liable to submit the report of such committees, sub-committees within the time as specified in the motion. 

(5) Save in exceptional circumstances, the extension of time shall be given to any Committee appointed by the Punjab Council under sub-rule (1) read with section 440 of the Act. 

(6) The Registrar shall place before the Punjab Council the said report of the Committee at the next meeting of that Council. 

Sections 40 and 65(2)(d)